Terms & Conditions of Fingate Finance

Terms and Conditions

By completing the application, you acknowledge and agree to the following: Please read this carefully. This sets out the conditions which govern your use of this website and of any material that may be made available. Only use this website if you agree to the following conditions. The site www.fingate.co.nz ("Website") is owned by Fingate Solutions Limited registered in New Zealand and authorised and regulated by the Financial Services Complaints Authority. Company Registration number: 6191307. Correspondence address: Suite 106, The Zone, 23 Edwin Street, Mt Eden, Auckland 1024. The terms set out below constitute an agreement between the user (“you”) and Fingate Solutions Limited ("us "/"we") and set out the conditions upon which you may view the Website and access the information, products, material and services available on the Website. We reserve the right to alter the Website and any of the terms, conditions and provisions of the Website (whether contained in these Website Terms and Conditions, our Privacy Statement, our Cookie Policy or elsewhere), at any time. It is your responsibility to view the terms, conditions and provisions of the Website regularly and thoroughly; so, every time you wish to use our Website, please check these Website Terms and Conditions to ensure you agree to the terms which apply at that time.

Use Of This Website

These Website Terms and Conditions, the Privacy Statement and the Cookie Policy contain all the terms which we and you have agreed in relation to the use of this website. Your continued use of this Website indicates your acceptance of these Website Terms and Conditions. We recommend that you print a copy of these terms for future reference.

Any products or services you apply for from this Website will be covered by separate terms and conditions identified at the time.

Please note that we make this Website available to you at our discretion and as such we may terminate your access at any time without notice.

You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities. In the event of such a breach, your right to use our Website will cease immediately.

You are responsible for configuring your information technology, computer programmes and platform in order to access our Website. You should use your own virus

Access To Website

Unless otherwise specified, the information on the Website is directed solely at those who access the Website from New Zealand and at those who are New Zealand residents. We cannot therefore guarantee that this Website or the information held within this Website is appropriate for places other than in New Zealand. On the Website you may be offered various links to other websites, which we hope you will be interested in and enjoy. Any link is not intended to be, nor should be construed as, an endorsement of any kind by us of that other website. We are not responsible for the protection and privacy of any information, which you provide whilst visiting other websites, and our Privacy Statement does not govern such sites. We cannot control the content or the security of any third party websites, and we do not accept any responsibility for the content of any sites not owned or operated by Fingate Solutions Limited. Linking to such websites is done at your own risk and we make no representations as to the websites' content.

You may not create a link to this website from another website or document without our prior written consent. Nothing on this Website is intended to be nor should be construed as an offer to enter into a contractual relationship, and nothing contained in the Website shall form a contract or part of a contract other than as expressly provided in these Website Terms and Conditions.

Account Details

If you choose, or you are provided with, a customer code, user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Website Terms and Conditions.

CUSTOMER INFORMATION

Customer Complaints

Our aim is to please but we know that sometimes things go wrong. If you have a problem, we want to know. Our staff will be happy to help you either on the telephone or in writing. Should you need to write to us, please address your complaint to Fingate Solutions Limited, Suite 106, The Zone, 23 Edwin Street, Mt Eden, Auckland 1024 or you can contact our Customer Resolutions Team by email at info@fingate.co.nz.

General Consumer Information

Our staff can provide more detailed information and answer your questions about Fingate Solutions Limited products and services. If you would like more general information, the Financial Services Complaints Authority (FSCA), the financial services watchdog, provides a range of free consumer booklets and fact sheets and a Consumer Helpline. Visit their website at http://www.fscl.org.nz/. The FSCA can only give general information and cannot recommend the products of any company.

Copyright

All information, design, text, graphics and the selection or arrangement thereof is copyright owned by or licensed to us or third parties associated in the appearance of the Website. You may copy electronically and print in hard copy portions of the Website solely for the non-business related purpose of using the Website to seek information of the kind shown by the Website. Any other use of materials on the Website (including reproduction for purposes other than those noted above and amendment, updating, distribution or re-publication) without our prior written permission is forbidden. Our status (and that of any identified contributors) as the authors of content on our Website must always be acknowledged. If you use any part of the content on our Website for commercial purposes without obtaining a licence to do so from us, or our licensors, in breach of these Website Terms and Conditions, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Copyright

Fingate Solutions Limited owns the various trade marks displayed on the Website, including Fingate Solutions logos. All trade marks, product names and company names or logos cited herein are the property of Fingate Solutions Limited. No permission whatever is given by us in respect of the use of any such trade marks, product names, company names, logos or titles and such use may constitute compromising of these rights. Legal Exclusions and Limitations

While we take every care to ensure that the standard of the Website remains high and to maintain the continuity of the Website, the Internet is not a stable medium and errors, omissions, interruptions of service and delays may occur at any time. As a result, we do not accept any ongoing obligation or responsibility to operate the Website (or any particular part of it) or to provide the services offered on the Website. The information given on the Website is given in good faith and for general information and interest only. It is subject to change without notice. We make no representations or warranties about the accuracy, completeness, freedom from viruses, availability, reliability or suitability for any purpose of the information and related graphics published on the Website (including all texts, advertisements, links or other items) which may contain technical inaccuracies and typographical errors. We and all content providers and contributors to the Website disclaim and exclude to the fullest extent permitted by law all liability for any loss or damage whatsoever whether arising in tort, contract, equity or otherwise and arising out of or in relation to or in connection with your access to or use of or inability to use the Website and accept no liability in connection with any virus, defect, error, omission, or system failure associated with the connection to this website or any links to third party sites.

We are not providing any legal, accounting or any other professional advice or opinion on specific facts or matters and (other than in the case of fraudulent misrepresentations and representations expressly made in these Website Terms and Conditions and in our Privacy Statement) we exclude all representations and offer no warranties to the maximum extent permitted by law. To the maximum extent permitted by law, we (including our directors, officers, employees or agents) will not be liable for damages arising out of or in connection with the use of the Website or the information contained in it. This is a comprehensive limitation of liability that applies to all damage of any kind including (without limitation):

• compensatory damages,
• direct damages
• indirect or consequential damages,
• loss of data,
• loss of income or profit,
• loss of opportunity, and
• loss of or damage to property and third party claims

save that nothing in the Website Terms and Conditions or any content of the Website shall exclude or restrict liability for death or personal injury resulting from our negligence or that of our directors, officers, employees or agents or in any other respect that is prohibited by law.

Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products or services to you, which will be set out in the relevant terms and conditions provided to you separately.

Where appropriate your statutory rights are not affected by these Website Terms and Conditions.

Force Majeure

We shall not be held liable for any breach of these Website Terms and Conditions or any failure to provide or delay in us providing our services through this Website resulting from any occurrence beyond our reasonable control including (without limitation) strikes, lock-outs and other industrial disputes, break-down of systems or network access, fire, explosion or accident failure of any third party telecommunications or service provider.

Invalidity

Should any part of these Website Terms and Conditions be found to be void, unlawful or unenforceable, it shall be deemed severable from the rest of the terms and conditions so that it is not effective to the extent that it shall not affect the validity of the remaining terms and conditions (or parts) of the Website Terms and Conditions, which shall remain valid and enforceable.

Governing Law

The Website Terms and Conditions and any other terms, conditions and provisions of the Website (including, without limitation, the Privacy Statement and the Cookie Policy) shall be governed by and construed in accordance with the laws of New Zealand. The New Zealand courts shall have exclusive jurisdiction to settle any disputes that may arise out of or in connection with these Website Terms and Conditions or use of this Website.

Privacy Notice and Authorisation to Broker

ACKNOWLEDGEMENT: To the creditor, Latitude Financial Services Limited, P O Box 4058, Shortland Street, Auckland 1140 ("Latitude").

Important Privacy Notice

I/We understand there is no obligation to provide personal information, including driver licence details, but if I/we fail to supply any information requested, or do not agree to any of the disclosures detailed in this acknowledgement, my/our application may not be accepted. I/We certify that all information contained in this application is true and correct, and where applicable, I have the permission of my spouse/partner to disclose his/her personal information.

I/We authorise Latitude to make all necessary enquiries and receive information concerning my/our credit rating, any outstanding fines, residence, employment and my/our identity from other credit providers, credit reporters, identity verification service entities, government agencies, employer, accountant, or other named persons, and where applicable, to obtain such information relating to my/our driver licence(s) from NZ Transport Agency as is authorise by the Land Transport Act 1998, for the purpose of considering this application. I/we agree that this authority may be provided to such parties for these purposes. I/We agree that my personal information may be shared with NZ Post, or any other entity employed by Latitude, for the purpose of verifying my/our identity. Throughout the loan application process, I/we also agree that my personal information may be shared with Fingate Solutions Limited for the purpose of completing my/our loan application. I/we consent to Fingate Solutions Limited emailing us any documents you may provide to them, which may contain personal information.

I/We understand that Latitude will give my/our personal information to credit reporters and that those credit reporters may hold the information on their systems and disclose it to authorised users of the credit reporters' services. I/we also understand that information about my creditworthiness and credit history may be disclosed to any credit provider named in a credit report relating to me/us.

I/We acknowledge that if Latitude provides finance it may collect and monitor such personal information about me/us as is necessary for the administration and protection of such credit (including without limitation utilising any credit reporters monitoring services to receive updates if the information held about me/us changes), and may disclose repayment history information, details relating to my/our account, and any payment default information to credit reporters which may hold the information on their systems and disclose it to authorised uses of the credit reporters services. Latitude may also (if necessary) disclose my/our personal information to fraud reporting agencies and to any person Latitude may appoint to assist in enforcement of any agreement between Latitude and me/us.

I/We agree that where I/we have requested insurance cover through Latitude, Latitude may disclose such personal information to Hallmark Life Insurance Company Limited and Hallmark General Insurance Company Limited or any other insurer as is necessary to enable those companies to consider that request.

I/We authorise Latitude and all of its related entities to share and use all personal information held about me/us now or in the future to offer me/us now or in the future to offer me/us further finance, to consider any future application of finance from me/us, and to offer or provide me/us with details of other products and services from time to time. The personal information will be held at the offices of Latitude. Where the personal information may readily be retrieved, I/we shall have access to it and the right to request correction.

I/We agree that Latitude may communicate with me/us via mail, email or telephone (including SMS/MMS) for all purposes but understand that there may be security risks relating to the electronic transmission of information, and that Latitude cannot guarantee confidentiality. If my/our application is approved, I/we consent to all disclosure documents required for the purpose of the Credit Contracts and Consumer Finance Act 2003 being sent either by mail or in electronic form.

Gem Personal Loans are provided by Latitude Financial Services Limited

Disclosure In accordance with the Financial Advisers Act 2008, Fingate Solutions Limited is required to provide you with disclosure of specific information e.g. their contact details, fees and dispute resolution arrangements etc. I/we confirm that I/we have been provided with that disclosure from Fingate Solutions Limited.

Commission disclosure I/we understand Fingate Solutions Limited will receive a commission from Latitude Financial Services Limited for the referral and settlement of my/our personal loan application.

Broker Authorisation I/we understand that my/our application for credit from Latitude may be made in writing on Latitude’s forms, or electronically via Latitude’s online application system. I/we confirm that I/we wish to make an application electronically.

I/we have authorised the Broker to complete and submit my/our application electronically, on my/our behalf and in my/our name, and to provide any additional information or documentation requested by Latitude, as if I/we were making the application and providing such information and documentation myself/ourselves.

I /we hereby authorise Latitude to accept any application made in my/our name and to rely on such application, with no need for further enquiry as to whether the application was made by me/us or the Broker.

I/we authorise Latitude to communicate with the Broker directly about my/our application and to rely upon the correctness of the content of any such application or information provided on my/our behalf by the Broker.

Prescribed Disclosure Statement. You are protected by responsible lending laws.

Because of these protections, the recommendations given to you about your MTF Finance loan are not regulated financial advice. This means the duties and requirements imposed on people who give financial advice do not apply to these recommendations. This includes a duty to comply with a code of conduct and a requirement to be licensed.

As a responsible lender, MTF Finance will act with care and skill, both before and during the term of your loan.

Declaration and credit check authorisation

MTF Finance means Motor Trade Finance Limited, Level 1, 98 Great King St, Dunedin, New Zealand.

By signing this form, each person agrees and confirms that MTF Finance and the creditor will collect, use, disclose and store personal information about me/us. This is to assess and consider this loan application and verify information I/we provided and will be done in a way that agrees with MTF Finance's Privacy Statement available at www.mff.co.nz/privacy-statement/

This includes:

Checking my/our information, including identification and address, with third parties and third-party databases including Government agencies. Examples include NZ Transport Authority, Department of Internal Affairs and Personal Property Securities Register (PPSR).

Carrying out credit checks with credit reporting agencies. MTF Finance can share my/our credit information including repayment history information with credit reporting agencies. These agencies can share information about me/us. Agencies may store my/our personal information and share it with others using credit reporting services. Information MTF Finance exchange could include personal or business credit reports.

Checking the Ministry of Justice database for any overdue fines I/we may have. This means you give my/our information to the Ministry of Justice. If this check is carried out by a credit reporting agency, the search results will be shared with that agency.

Where I/we have voluntarily given you my/our driver licence information, this information may also be disclosed to a credit reporting agency and the Ministry of Justice as part of the checks you undertake with them.

I/we have never been bankrupt or had to agree any arrangement with my/our creditors.

If I/we leave out any requested information, I/we understand MTF Finance may not fully consider this application.

I/we authorise any third party to share my/our personal information with you for any of these reasons. I/we understand that if I/we share any personal information about another person (such as a guarantor), I/we confirm that the person has authorised the collection of their personal information by MTF Finance and the creditor.

I/we confirm that we have informed that person of their rights to access and request correction of their personal information. Their information will be collected, used, disclosed, and stored in a way that agrees with MTF Finance's Privacy Statement.

MTF Finance may contact any creditor I/we owe money to, and anyone with a security interest in assets I/we plan to use as loan security.

I/we have the right to see and correct personal information stored by MTF Finance. This is in line with the Privacy Act 2020.

MTF Finance and the creditor may send me/us electronic messages by text, email, and/or instant messaging. I understand the purpose of these messages is to update me/us about my/our loan, promote and/or market other products and services they offer.